Commissioners of the Texas Department of Licensing and Regulation

commissioners@tdlr.texas.gov

Executive Director of TDLR

executive.director@tdlr.texas.gov

TDLR Advisory Boards

advisory.boards@tdlr.texas.gov

Locate your Representatives

https://wrm.capitol.texas.gov/home

Contact TDLR

https://ga.tdlr.texas.gov:1443/form/csgeneralinquiry

Texas Cosmetology Association Research & Correspondence

Letter to Commissioners

Collaboration Document

Key Moments from TDLR Commission Meeting

Video - Public Comments

Video - TDLR General Council presenting rule amendments

We think we presented a good argument. We feel that if more commissioners had been in attendance (3 were absent which barely provided a quorum for the meeting), and if we had more educators there to speak on behalf of our industry, we may have had a better chance. In saying that, we want you to know that we fully understand that it is a challenge to attend events like this. Although the largest number of public comments were in opposition to removing the high school diploma, GED, or ability to benefit test from requirements to license, the TDLR General Counsel urged Commissioners to "not be swayed" by the small number of people that were in attendance yesterday.

In the end, the proposed rules were adopted at a vote of 3 to 1. They did offer to revisit this in one year after a couple of classes have had time to complete training. This statement demonstrates a lack of understanding of how our training programs work.

Overview of Rule Changes

Barbering and Cosmetology Licensure Requirements

Complete Training Program

17 years of age

Students do NOT have to demonstrate the ability to benefit from training (7th-grade reading level), or have a high school diploma or GED.

Distance Learning

Only theory may be offered

50% of hours in a training course

There is no longer any real designation for the number of theory or practical hours in a training course. If not offered via distance learning, you can offer 95% theory and 5% practical if you'd like.

Manicuring/Esthetics License

Reduced from 1200 Hours to 800 Hours

Esthetics/Hair Weaving License (New)

Was recommended by the workgroup at 700 hours

Advisory Board recommends 900 hours

TDLR went with 800 hours

Cosmetology/Barbering - The First 700 Hours

Can be taught together

SCHOOL -- STUDENT PRACTITIONERS sign

The law in Sec. 1603.2305. states SIGNS REQUIRED. The holder of a school license shall place a sign on the front outside portion of the school's building in a prominent place that reads "SCHOOL--STUDENT PRACTITIONERS" in:

(1) at least 10-inch block letters; or

(2) a manner prescribed by the department.

TDLR General Counsel explained that the department chose not to prescribe an alternative manner for compliance with the statute. As such, the newly adopted rule states:

(3) a sign that reads "SCHOOL--STUDENT PRACTITIONERS" in at least 10-inch block letters, visible from the outside of each client entrance to the licensed school facility.

In our opinion, a better decision would have been for the department to develop a sign, publish it on the website, and explain that a school should print this sign and post it at all entrances to the cosmetology school, classroom, and lab. However, the department elected to not provide this option for our schools.

What is a 10-inch block letter?

A 10-inch block letter is actually a well-known type of letter to all sign-makers and even to educators. We likely understand this because of all those years building bulletin boards. :)

(SEE HERE)

In our opinion, the definition of a 10-inch block letter is not known by the department or TDLR General Counsel. TDLR General Counsel explained to the Commissioners that the letters only have to be 10 inches tall but can be skinny. We advise you to use your best judgment in meeting the requirement that this signage is posted by the required date of January 1, 2023. The rule states a 10-inch block letter. Block letters are NOT tall and skinny. Keep in mind, that what has been spoken and shared via verbal conversations, even when these are recorded and shared, so not override what is in statute and in regulation and rules.

I would encourage you to reach out to TDLR, your representatives (we are entering into a legislative session), and the TDLR Commission about this requirement as the department was the decision-maker in this area. Remember, the contact information is at the top of this message.

OUTSTANDING QUESTIONS THAT HAVE NOT BEEN ANSWERED

The question that has been asked repeatedly by a large number of people is WHO can teach these 700 hours to a mixed group of students. The rule simply states SCHOOLS. Although the education sector knows that SCHOOLS do not teach; educators teach, TDLR is not an educational agency and we do not believe they intend to answer this question through the rule-making process. Actually, they did not answer this question in the rule-making process unless something pops up that wasn't discussed when the adopted rules are finally made public. Since some have to be implemented before January 1, I would expect them to be published before that time for the public, establishments, and schools to review.

If the rule was adopted as published in the Texas Register, it states: (c) Instruction by licensed individual. A person who holds a current and unexpired license, certificate, or registration issued under Texas Occupations Code, Chapters 1601 and 1602, and 16 Texas Administrative Code, Chapters 82 and 83, as those chapters existed on August 31, 2021, may provide instruction and be employed as an instructor for the acts of barbering or cosmetology for which the person holds the appropriate license, certificate, or registration. Use your best judgment. The only advice we can offer is that you are allowed to teach what your license will allow you to do in the salon. There is NOT a distinction in the rule for the course a student is enrolled in, or the permit a student holds.

Again, we also want to caution you against relying on the proposed rules as published in the Texas Register prior to the request for public comments. The rules as presented yesterday by TDLR General Counsel have not been published publically anywhere that we can locate and were a complete mystery to us, and members of the advisory board, until General Counsel presented them to the Commissioners. As we worked on our presentation for the December 6, 2022 meeting, we had to rely on watching, and re-watching YouTube videos to gain any clarity about what might be presented.

If you would like guidance in addressing your representatives, the commission, or the department, please reach out to us at info@texascosmetology.org and we will share our thoughts.

Finally, look ahead. It is time to stop looking backward. In our opinion, once something as paramount as requiring a high school diploma, GED, or ATB test has been removed, it is next to impossible to reinstate. That is not to say groups and individuals should not try if it is important to them. Talking points might include student loan debt and the opening that this rule adoption has provided for some schools to take advantage of students who do NOT have the ability to benefit from training. You may also consider the reading level required to learn the curriculum, and the very LARGE number of students who enroll in technical schools by borrow money (including federal state, and private student loans), who never complete the training. Yes, success rates on the written test are low. Data from 12.1.2021-11.30.2022 are represented below for the Written test in English.

A TDLR Staff member had informed the advisory board in the October 31, 2022 meeting that the written test rate for Barbering was 40% and 50% for cosmetology. The purpose of this input was to ease the minds of the advisory board about removing the general education requirement. Meaning, the test rates are not dramatically different between Barbering and Cosmetology despite the fact that Cosmetology must have a high school diploma, GED, or ATB test for licensure at this time. The number of you who are dual-licensed, have a career in education or understand the difference between the two professions likely realize that this is like comparing apples to oranges.

I believe TDLR was referring to the 2021 fiscal year. In our research, we were looking at the most recent 12 months and were most concerned with the first-time tester scores as it is our opinion that is the cleanest set of data without duplicated student counts. We do not know what data TDLR uses in its statistics.

Finally, we will keep this up as long as we can! Your input is invaluable in terms of advocating for our industry. That being said, traveling, research, and advocacy is not cheap or free. Your membership would mean the world to us.

Why interactive notebooks in CTE Classes?

Students have not been taught how to take notes. When would any teacher have the time? Students are also not taught how to organize. Because, again, when would any teacher have the time? (PSA: If you are able to make the time, teaching these skills will totally be worth it.) It is also worth noting that students need to take notes differently in their different classes.

Interactive Notebooks are powerful educational tools.

One of the key benefits of using Interactive Notebooks is that they enable students to be creative and independent thinkers and writers. They allow students to express their ideas in unique and engaging ways. Through this, they can effectively process information presented in class. As students learn new ideas, they have can use several types of interactive tools to record and process them. The ultimate goal of using Interactive Notebooks is to teach students to be independent thinkers and note-takers. Interactive Notebooks teach students about the tools and strategies needed to do this on their own. The activities completed in the notebooks are more than cutesy cut-and-paste images. Instead, they teach students to interact with content at a high level. It also helps them to make that content their own.

They meet the needs of a variety of learning styles.

Another one of the benefits of using Interactive Notebooks is that they allow visual learners to explore new ways to share ideas. Also, they encourage non-visual learners to be more proficient with graphic approaches. They do this in a fun and non-threatening way. Both types of learners use notebooks to work on their writing skills. As a result, they learn valuable note-taking strategies. Kinesthetic learners enjoy moving around and using their hands to assemble the bits and pieces.

Want to learn more?

Click the button below to visit our webpage full of resources, guides, and templates.

Here is a great blog post from TCEA with more information - Digital Notebooks.

Below, you will see a digital notebook template we are providing for you to view. If you'd like to make a copy for your own drive and then share with your students, simply CLICK HERE. This will force a copy in your google drive and you can edit as you'd like!